Legal Question in Wills and Trusts in Arizona
House in trust. Dad not mentally well for a while. Brother talked him into buying a boat with a loan secured with his house. father died. Need to sell house. Quit claim deed? As the only beneficiary, what are my options?
2 Answers from Attorneys
It depends upon how the house is titled, in your father's name or in the name of the trust. What is your legal authority to do anything with his estate or assets? You state that you are the only beneficiary, however, you have a brother, isn't he a beneficiary too?
Also, you could take action against your brother for inducing your father to buy a boat. Who has the boat now? how is ownership titled? It sounds like you should retain experienced legal counsel who can help you decide what to do.
It sounds like you need to have us review the trust agreement? If you are the only beneficiary, who is the trust administrator? Please give Stephanie Coulter of this office a call at 602 462 1004 so that we can arrange to meet with you, review the trust agreement and discuss your options. Does the house have another mortgage on it, other than the security for the boat? I would like to talk to you about the "vulnerable adult statute" and "financial exploitation of a vulnerable adult". Give us a call.